What does a divorce solicitor do in Scotland?
A divorce solicitor guides you through ending a marriage or civil partnership under Scots law, which has
its own rules, courts and terminology. Their work usually includes:
- advising whether you can divorce now and which grounds apply
- explaining whether the simplified procedure is open to you or the ordinary procedure is needed
- negotiating how money, property and pensions are shared
- drafting a separation agreement, often called a minute of agreement
- representing you in court if matters cannot be agreed
Arrangements for children, such as residence and contact, together with cohabitation claims and
protective orders, are covered in our guide to
family law solicitors in Glasgow.
What are the grounds for divorce in Scotland?
Under the Divorce (Scotland) Act 1976, the court can grant divorce if the marriage has broken down
irretrievably, or if an interim gender recognition certificate has been issued to either spouse after
the marriage. Irretrievable breakdown is established by one of the following:
- Adultery by the other spouse since the marriage.
-
Behaviour by the other spouse such that you cannot reasonably be expected to live
with them.
-
One year's separation with no cohabitation, where the other spouse consents to the
divorce.
- Two years' separation with no cohabitation, where consent is not needed.
The dissolution of a civil partnership works in a similar way under the Civil Partnership Act 2004,
using behaviour or the one year and two year separation periods. Adultery is not a ground for
dissolution.
How does the divorce process work in Scotland?
An application can be raised in the sheriff court or the Court of Session, and the forms and court fees
differ between the two.
The simplified (do it yourself) procedure
The Scottish Courts and Tribunals Service publishes forms and guidance for a simplified procedure. You
can only use it if all of these apply:
- you rely on one year's separation with consent, or two years' separation
- there are no children of the marriage or civil partnership under 16
- there are no financial matters to sort out
- no other court proceedings are under way that might end the marriage or civil partnership
It cannot proceed where either spouse or civil partner has a mental illness, personality disorder or
learning disability. You may be exempt from the court fee, for example if you receive certain state
benefits.
The ordinary procedure
If any of those conditions are not met, the ordinary procedure is used. The court service describes it
as more complicated and recommends taking legal advice. In an ordinary action either party can ask the
court for financial orders, including payment of a capital sum, transfer of property, a periodical
allowance or a pension sharing order.
How long does a divorce take?
The only periods fixed in law are the one year and two year separation periods. Beyond that, how long a
case takes depends on the procedure used and how much is agreed, so ask your solicitor for a realistic
view of your own case.
How are money and property divided on divorce in Scotland?
Financial provision is governed by the Family Law (Scotland) Act 1985. The starting point is that the
net value of the matrimonial property should be shared fairly, and fair sharing means equal sharing
unless special circumstances justify something different. The court also applies principles about
economic advantage and disadvantage, the cost of caring for children under 16, support for up to three
years for a spouse who was financially dependent, and relief of serious financial hardship.
What is the relevant date?
The relevant date is the earlier of the date you stopped living together and the date the divorce action
was served. Matrimonial property is valued at that date.
What counts as matrimonial property?
Matrimonial property is property acquired by either spouse during the marriage and before the relevant
date, plus a home and its furniture bought before the marriage for use as the family home. Gifts and
inheritances from third parties are excluded. Pension rights count to the extent they relate to the
period of the marriage.
Separation agreements
Couples can record a settlement in a minute of agreement rather than asking the court to decide. The
court can set aside or vary an agreement on financial provision only if it was not fair and reasonable
at the time it was entered into, so independent advice for each person matters. After separating, it is
also worth reviewing your will: our guide to
wills and estate planning solicitors in Glasgow
explains why.
How do I choose a divorce solicitor in Glasgow?
Look for a solicitor who regularly handles divorce and financial provision. The Law Society of
Scotland's Find a Solicitor search lets you filter for accredited specialists in family law, an area
that includes divorce and financial provision. See our guide on
how to choose a solicitor in Scotland for more.
Questions to ask at a first meeting:
- How much of your work is divorce and financial provision?
- Can I use the simplified procedure, or will I need the ordinary procedure?
- What is likely to count as matrimonial property in my case, and what is my relevant date?
- How will pensions be valued and shared?
- Who will handle my case, and how will you keep me informed?
- How will you charge, and do you do legal aid work?
What does a divorce solicitor cost, and is legal aid available?
Law Society of Scotland rules require your solicitor to set out in writing, at the earliest practical
opportunity, the work to be done and either an estimate of the total fee or the basis of charging. Ask
whether you will pay a fixed fee for defined stages or be charged for time spent.
Legal aid is run by the Scottish Legal Aid Board, and you apply through a solicitor who does legal aid
work. Advice and assistance can help pay for advice, and civil legal aid can cover court proceedings
where the Board's financial and merits tests are met. Contributions may be payable. In a divorce this
point matters: if you keep or gain money or property at the end of the case, you may be asked to pay
some or all of the legal costs from it.
How to read the rankings on this page
Our rankings reflect published evidence, such as accreditation and the divorce work a firm describes.
They are not a guarantee of service or outcome. Check any firm directly before instructing it, and see
how we rank for our method.